14 CFR 13.49 - Motions.

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(a)Motion to dismiss for insufficiency. A respondent who requests a formal hearing may, in place of an answer, file a motion to dismiss for failure of the allegations in the notice of proposed action to state a violation of the FA Act or of this chapter or to show lack of qualification of the respondent. If the Hearing Officer denies the motion, the respondent shall file an answer within 10 days.

(b) [Reserved]

(c)Motion for more definite statement. The certificate holder may, in place of an answer, file a motion that the allegations in the notice be made more definite and certain. If the Hearing Officer grants the motion, the FAA counsel shall comply within 10 days after the date it is granted. If the Hearing Officer denies the motion the certificate holder shall file an answer within 10 days after the date it is denied.

(d)Motion for judgment on the pleadings. After the pleadings are closed, either party may move for a judgment on the pleadings.

(e)Motion to strike. Upon motion of either party, the Hearing Officer may order stricken, from any pleadings, any insufficient allegation or defense, or any immaterial, impertinent, or scandalous matter.

(f)Motion for production of documents. Upon motion of any party showing good cause, the Hearing Officer may, in the manner provided by Rule 34, Federal Rules of Civil Procedure, order any party to produce any designated document, paper, book, account, letter, photograph, object, or other tangible thing, that is not privileged, that constitutes or contains evidence relevant to the subject matter of the hearings, and that is in the party's possession, custody, or control.

(g)Consolidation of motions. A party who makes a motion under this section shall join with it all other motions that are then available to the party. Any objection that is not so raised is considered to be waived.

(h)Answers to motions. Any party may file an answer to any motion under this section within 5 days after service of the motion.

Title 14 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 14.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2014-10-15; vol. 79 # 199 - Wednesday, October 15, 2014

79 FR 61761 - Orders of Compliance, Cease and Desist Orders, Order of Denial, and Other Orders

The immediate final rule published August 12, 2014 (79 FR 46964) will become effective on October 14, 2014.

14 CFR Part 13

Summary

On August 12, 2014, the FAA published an immediate final rule (79 FR 46964) entitled “Orders of Compliance, Cease and Desist Orders, Orders of Denial, and Other Orders.” This action confirms the effective date of the immediate final rule and responds to the comments received on that immediate final rule.

Effective October 14, 2014. Submit comments on or before September 11, 2014.

14 CFR Part 13

Summary

This rulemaking provides the opportunity for an informal conference with an FAA attorney before an order is issued under the FAA's regulation covering orders other than certificate action and civil penalty orders. This change is necessary to provide additional fairness and process to those persons who are subject to such an order, and is consistent with the process available in other enforcement actions. These conferences may result in either a resolution of the matter or a narrowing of the issues, thereby conserving resources for respondents and the FAA.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

The immediate final rule published August 12, 2014 (79 FR 46964) will become effective on October 14, 2014.

14 CFR Part 13

Summary

On August 12, 2014, the FAA published an immediate final rule (79 FR 46964) entitled “Orders of Compliance, Cease and Desist Orders, Orders of Denial, and Other Orders.” This action confirms the effective date of the immediate final rule and responds to the comments received on that immediate final rule.

Effective October 14, 2014. Submit comments on or before September 11, 2014.

14 CFR Part 13

Summary

This rulemaking provides the opportunity for an informal conference with an FAA attorney before an order is issued under the FAA's regulation covering orders other than certificate action and civil penalty orders. This change is necessary to provide additional fairness and process to those persons who are subject to such an order, and is consistent with the process available in other enforcement actions. These conferences may result in either a resolution of the matter or a narrowing of the issues, thereby conserving resources for respondents and the FAA.